Civil Appeals & Writs

Weintraub Tobin attorneys offer expert representation in all aspects of civil appeals, including state, federal, and arbitration cases. We take pride in our ability to provide the highest quality appellate options and solutions for our clients. Our attorneys have specialized expertise in all forms of pre-trial and post-trial extraordinary writs, interlocutory appeals, post-trial motions, and appeals.

Representative Published Cases

In Re Morning Star Packing Co., LP v. United States District Court (9th Cir. 2013) 711 F. 3d 1142 compels federal trial courts to award restitution to victims of fraud or deceit even if assessing such restitution would be a complex and time consuming exercise. Weintraub represented Morning Star Packing Co., LP (successful on petition for extraordinary writ).

In Re Mark B v. Leslie B (2007) 149 Cal.App.4th 61. Can a juvenile court issue sanctions pursuant to section 128.7 of the California Code of Civil Procedure? The answer is now “yes”, as determined in this case. Weintraub represented respondent/real party-in-interest Dale Wilson (successful on appeal).

Cummings v. Future Nissan (2005) 128 Cal.App.4th 321 establishes that arbitration agreements providing for a second level review of an arbitration award by a second private arbitrator are enforceable in California, and that objections to arbitration must be raised at the outset or they are waived. Weintraub represented respondent Future Nissan (successful on appeal).

Estate of Goyett v. Harkey (2004) 123 Cal.App.4th 67 stands for the rule that a testator’s use of the term “my money” was properly interpreted to include essentially all of the testator’s financial assets including bank accounts, certificates of deposit, money market accounts, treasury bills, and savings bonds. Weintraub represented respondent Vivian York (successful on appeal).

Khajavi v. Feather River Anesthesia Medical Group (2000) 84 Cal.App.4th 32 establishes, that among other things: (1) the “good cause” standard applied to implied contracts not to terminate employment except for good cause did not apply to contracts for a specified term under California Labor Code section 2924; and (2) Business and Professions Code section 2056, which protects physicians who advocate for medically-appropriate healthcare from retaliation, applies in contexts other than disputes with a healthcare payor. Weintraub represented appellant Dr. Khajavi (partial success on appeal).

Channel Lumber Co. v. Porter Simon (2000) 78 Cal.App.4th 1222 provides that a corporation’s attorneys are not “agents” as defined by Corporations Code section 317 and, thus, are not entitled to reimbursement of fees in defending against a malpractice action from its former client. Weintraub represented appellant Channel Lumber (successful on appeal).

Oliver v. AT&T Wireless Services (1999). Does the presence of an unsightly structure, in this case a microwave tower, support a claim by a neighbor that the tower constitutes a private nuisance? The California Court of Appeal said “no”. Weintraub represented respondent AT&T Wireless (successful on appeal).

Brendan Begley Presents at Employment Litigation 2019

  Brendan Begley will be speaking at The Rutter Group and the California Judges Association’s Employment Litigation 2019: Facing Workplace Realities in Divisive Times on Saturday, February 23, 2019 at Hilton Los Angeles/Universal City.

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ERISA Litigation Developments: Implications in 2016 and Beyond LIVE Webcast

Thursday, February 25, 2016 @ 3:00 pm – 5:00 pm (ET)Please join Brendan J. Begley in a two-hour LIVE Webcast.  A seasoned panel of thoughtful leaders and professionals assembled by The Knowledge Group will offer the audience with an in-depth discussion of the current issues in ERISA Litigation.

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WT Wins: Published Opinion Protects Survivors of Domestic Violence

Weintraub attorney Brendan J. Begley recently convinced the California Court of Appeal that a person who obtains a Domestic-Violence Restraining Order (“DVRO”) against an abusive person can have a trial court renew that order once it is about to expire even if the restrained person’s appeal from the original DVRO remains pending at that time. 

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WT Wins: Rappers, Twitter, and Anti-SLAPP

Weintraub attorney Brendan J. Begley recently prevailed in defeating an anti-SLAPP motion that was filed by rapper and actress Jean Deaux (aka Zoi Harris) against fashion designer Briana Shanee Wilson (owner of Matte Brand) in the Los Angeles County Superior Court,

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14 Weintraub Tobin Attorneys Named to Best of the Bar 2019

  SACRAMENTO, California  – Weintraub Tobin congratulates its 14 attorneys who have been included in Sacramento Business Journal’s Best of the Bar 2019. Attorneys selected to the 2019 Best of the Bar list include Gary L.

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31 Weintraub Tobin Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars Lists

Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California.  In addition,

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24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2019

  Weintraub is pleased to announce that 24 of the firm’s attorneys have been recognized as 2019 Top Lawyers by Sacramento Magazine.  The full list of 2019 Top Lawyers will be featured in the August,

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24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2018

SACRAMENTO, California – July 19, 2018 – Weintraub Tobin Law Corporation congratulates its 24 attorneys who have been included in Sacramento Magazine’s 2018 Top Lawyer List. David Adams | Business/Corporate, Securities &

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21 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2017

SACRAMENTO, California – July 26, 2017 – Weintraub Tobin Law Corporation congratulates its 21 attorneys who have been included in Sacramento Magazine’s 2017 Top Lawyer List. Brendan Begley | Appellate Gary L.

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18 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2016

  SACRAMENTO, California – July 25, 2016 – Weintraub Tobin Law Corporation congratulates its 18 attorneys who have been included in Sacramento magazine’s 2016 Top Lawyer List. David C. Adams | Business/Corporate, 

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20 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2015

  SACRAMENTO, California – August 7, 2015 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its 20 attorneys who have been included in Sacramento magazine’s  Top Lawyer List 2015. David C.

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Seven Weintraub Tobin Attorneys Included in the Top 25 List by Super Lawyers

Download: Super Lawyers 2013.pdf SACRAMENTO, Calif., July 8, 2013 – Weintraub Tobin Chediak Coleman Grodin, a business law and business litigation law firm congratulates seven attorneys on being named as one of the Top 25 Sacramento Super Lawyers of 2013.

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California Appeals Order Barring Enforcement of New Anti-Arbitration Law

The State of California filed an appeal last week to challenge a federal court’s order barring California from enforcing a new state law that would curtail workplace arbitration agreements.  Unless the State takes some additional action,

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Two Key Things You Need to Know About the 2016 Federal Rule Changes

On December 1, 2016, amendments to the Federal Rules of Civil Procedure (“FRCP”) and Federal Rules of Appellate Procedure (FRAP) took effect.  While at first glance, the changes may not seem dramatic,

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Appellate Law Section’s 2012 CA Supreme Court Year-in-Review

Download: Appellate Law Sections 2012 SC Review.Final.pdf Brendan Begley writes on the Appellate Law Section’s 2012 California Supreme Court Year-in-Review in Sacramento Lawyer.

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